2005 No. 617
NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 3) Regulations 2005

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by sections 27(2), 69(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

(1)

These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 3) Regulations 2005 and shall come into force on 23rd December 2005.

(2)

In these Regulations, “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20012.

Amendment of the principal Regulations2.

(1)

The principal Regulations are amended in accordance with the following paragraphs.

(2)

In regulation 2(1) (interpretation) insert each of the following definitions at the appropriate alphabetical place–

“Patient Group Direction” has the meaning ascribed in article 1, paragraph 2 of the Prescription Only Medicines (Human Use) Order 1997 (interpretation)3;
“supply form” means a form issued by a Board to a chemist to record a supply of pharmaceutical services made to a patient under the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction)4.

(3)

In regulation 3(1)(supply of drugs and appliances by chemists)5 for “the prescription form” substitute “a prescription form or a supply form”.

(4)

In regulation 3(3) after “prescription form” insert “or in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997.

(5)

In regulation 7(2)(a)(exemptions) after “prescription form” insert “or the supply form”.

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (S.S.I. 2001/430) (“the principal Regulations”) which provide for the making and recovery of charges for the supply of drugs, medicines and appliances under the National Health Service (Scotland) Act 1978.

The amendments extend the principal Regulations to the supply of drugs, medicines and appliances by a chemist in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of The Prescription Only Medicines (Human Use) Order 1997 (S.S.I. 1997/1830) (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).